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Waupaca Car Accident Lawyer

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Car accidents happen every day on Wisconsin’s roads, leaving injured motorists with thousands of dollars in medical bills and possibly more in lost wages. These accidents were entirely preventable if the driver who caused the accident had only used more caution.

Under Wisconsin law, you can receive compensation for your injuries, but you need to move quickly. Evidence can disappear if you do not preserve it, and Wisconsin law prevents you from sitting on your rights. One of our Waupaca car accident attorneys can help you pull together a case for compensation.

What Causes Car Accidents?

Accidents can have many causes. For example, the road might be faulty or a defective part on the vehicle could malfunction, causing a driver to lose control. But one common cause of car accidents is driver negligence. Motorists owe other vehicles and pedestrians a duty to operate their vehicle safely. When they don’t, they can be held financially responsible for the accident.

At our firm, we have seen clients injured by all sorts of negligent behavior, including:

  • Distracted driving
  • Driving while reading a text message or talking on the phone
  • Eating or drinking
  • Drowsy driving
  • Failing to yield
  • Failing to check the driver’s blind spot
  • Neglecting to use a turn signal
  • Talking with a passenger
  • Tending to small children while driving

Other accidents are caused by more reckless behavior, such as aggressive or illegal maneuvers:

  • Passing up a hill or around a corner
  • Driving on the shoulder or sidewalk
  • Speeding
  • Tailgating
  • Deliberately cutting another vehicle off

Whatever the cause of the accident, the key is to show that the driver who hit you did not exercise sufficient care as required by law. This means the driver has been negligent and might need to pay you compensation for your injuries.

What Should You Do after a Car Accident?

The steps you take after a car accident can help or hurt your case. We have seen some clients leave money on the table because they did not effectively document the accident or their injuries. Immediately following a crash, try to do the following:

  • Call the police to come write a police report
  • Take photographs of the vehicles involved in the accident
  • If possible, take a picture of the accident scene before the vehicles are moved over to the side of the road
  • Write down your own memories of the crash
  • Obtain insurance information from all drivers involved in the collision

You should also obtain prompt medical treatment by going to the hospital or visiting your doctor. You can minimize the risks of a serious injury by getting checked out and following your doctor’s recommendations.

How Much Can You Receive in Compensation?

The amount depends on the precise details of your case. At our firm, many of our clients have received compensation to cover the following:

  • Medical expenses
  • Future medical expenses
  • Lost wages
  • Lost future wages or earnings capacity
  • Property damage
  • Pain and suffering

If your injuries warranted $30,000 in medical care and you missed 2 months of work (at $2500 a month), then you can get $35,000 in those economic losses. Money to fix your car can increase the amount.

Pain and suffering is a legal concept that includes physical pain, mental anguish, convenience, and other intangible losses that nevertheless reduce your quality of life. Because there is no bill or receipt that determines your pain and suffering in monetary terms, this is one area insurance adjusters argue the most about.

There are also some practical limitations on compensation we should discuss. Generally, any payment will come from the at-fault driver’s insurance policy, and the policy limit could act as a limit on your financial recovery. So if the driver only has $50,000 in bodily injury insurance, you might not be able to get more, regardless of how much your injuries cost.

Do You Really Need a Lawyer to Make a Claim?

Probably. Unless you have very minor injuries, the chances are that you would benefit from having a lawyer represent you. Insurance companies like to make low settlement offers and might resist giving you the compensation you truly deserve.

In our experience, injured victims have no idea how much their injuries are truly worth, in particular how much compensation for pain and suffering is fair. An attorney can properly value your injuries and then make the case to the insurance company to offer a fair settlement.

When the insurance companies try to minimize your damages, an experienced lawyer will be able to effectively counter. Based on our experience, insurance companies do not like seeing us across the negotiating table from them.

If you are struggling with injuries, you should focus on getting well and on your family. Let your Waupaca car accident attorney do the heavy lifting of negotiating with an insurance company for a fair settlement.

How Much Time Do You Have to Sue?

Not a long time. Wis. Stat. 893.54 gives injured victims three years from the date of the accident to file a lawsuit. If you miss this deadline, then you will be unable to receive compensation, and a judge will have to toss your case out of court.

This is another reason to hire an attorney to help you. Three years might sound like a lifetime, but you will need to thoroughly investigate the accident, properly value your injuries, and then begin negotiations with the insurance company. All of this takes time. Rather than risk missing the deadline, hire an attorney as soon as possible.

Protecting Your Rights with the Help of a Car Accident Lawyer in Waupaca, WI

Have you or a loved one been injured in a car crash that wasn’t your fault? Do you have medical bills that you have no way to pay? If so, you might be entitled to compensation.

At Hammett, Bellin & Oswald, LLC, we proudly represent clients injured in car accidents. We have obtained many favorable settlements for those injured in rollovers, T-bones, fender benders, and head on collisions.

Contact us today. You can call 920-267-6822 to schedule a free initial consultation or submit an online message. Our consultations are free and confidential.

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